Kayler v. Gallimore’s Empirical Analysis
1967
Citation profile
25 state decisions
How this case has been cited
Cited by 25 later decisions — most recently June 2014 · most notably Thomas M. McInnis & Associates, Inc. v. Hall (1986), 27 Cal. 3d 359 - Signal Companies, Inc. v. Harbor Ins. Co. (1980)
25 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Pinnix v. . Griffin · Masters v. Dunstan · Leary v. . Land Bank · Thompson v. Lassiter · Queen City Coach Company v. Burrell
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Thus, a party to the subsequent action, who was not a party to the former action and, therefore, is not estopped by the judgment therein, cannot assert that judgment as an estoppel against his opponent, even though the opponent was a party to the action in which the judgment was rendered.” Kayler v. Gallimore, 269 N.C. 405, 407 , 152 S.E. 2d 518, 520 (1967); see generally IB Moore’s Federal Practice ¶ 0.412[1] (2d ed. 1974).”
2 later decisions quote this exact passage“One is ‘privy,’ when the term is applied to a judgment or decree, whose interest has been legally represented at the trial. A party will not be concluded by a former judgment unless he could have used it as a protection, or as a foundation of a claim, had the judgment been the other way.”
1 later decision quote this exact passage““It is also well settled that the privity, which will create an estoppel by judgment against one not a party to the former action, denotes a mutual or successive relationship to the same right. . . .” (p. 408.)”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.